Contributions should preferably be submitted as
a .doc attachment (and not, for instance, a
“.docx.”).

The Quid Novi is published weekly by the students of the Faculty of Law at McGill University. Production is made possible through the direct support of students. All contents copyright 2014 Quid Novi.
Les opinions exprimées sont propres aux auteurs et ne réflètent pas nécessairement celles de l’équipe du Quid Novi. The content of this publication does not necessarily reflect the views of the McGill Law
Students’ Association or of McGill University.

The reasons of this lack of interest for juridical
arguments are many, and most of them were existent before the present debate. However, over
the last few months, governmental statements
have contributed to a general disbelief in the importance of the juridical discourse. Refusing to
publish the legal opinions obtained before drafting the legislation and brushing oﬀ quickly any
contrary legal opinion later on (the Bar and the
Commission des droits de la personne et des
droits de la jeunesse, particularly) have been accessory in characterizing the jurists as irrelevant.

perhaps is this another step towards the
“décrochage judiciaire” that many judges and jurists have observed during the last few years.
However, this change of attitude should not
leave us powerless. Instead, it should encourage
us to break the walls of our discipline and get
more involved in other types of discourses. We
must realize that law is nothing without the conﬁdence of the public, and that this conﬁdence
can’t be sustained by pure juridical arguments.

The juridical remains relevant, but shouldn’t
serve as a political ammunition. It will operate
when its time comes, when the ﬁrst challenges
are brought agains the Charter of values, if it
ever becomes law. But in the meantime it is a
battleﬁeld that will not yield any victory.

i once had a fridge magnet that said “when the going gets tough,
the tough eats chocolate.” i’ve never quite ﬁgured out what that
means, but i know that chocolate is my go-to whenever i need a
sweet treat (if Emma hasn’t baked me anything that week).
These homemade peanut butter cups have none of the fun products like soy lecithin or PGBr (not to be confused with Professor
Leckey’s P.o.G.G.) found in the store-bought variety.

if you bring them to a potluck, you’ll be more popular than
Michael Shortt at exam time. You’ll get better reviews than Professor Weinstock’s Foundations plenary. These are not to be
missed!

Prep Time: 20 minutes + chill time (an hour if by the window, less
if in the fridge).
Yield: anywhere from 8 to 2 dozen, depending on the size.

3.
a) Using a tablespoon, plop (technical term) a bit of
chocolate into each muﬃn cup. Use the spoon to spread out the
mixture on the bottom of the cup ; it should be a few millimeters
thick.

b) Using a teaspoon, plop a bit of the peanut butter mixture onto
the chocolate. Vary the amount according to your personal preference.
c) Using the tablespoon, plop and gently spread enough chocolate mixture to cover the peanut butter. Press down with the underside of the spoon to ﬂatten, and top with a peanut or two.

Chill until ready to serve.

BoB LoBLAW’S LAW BLoG

PEACE, orDEr AND
(SEMi-) GooD GoVErNMENT

Like many other organizations, our venerable Law Students Association™ has something it refers to as a “constitution.” According
to my learned (albeit theatrically-challenged) colleague, Dr. Bob
Loblaw (QC, YoLo), the Merriam-Webster Dictionary deﬁnes a
constitution as “the system of beliefs and laws by which a country, state or organization is governed.”

As we – law students ¬– know all too well, Canada has a constitution of its own. Since it was repatriated from our kindly British
overlords in 1982, this document has proven exceedingly diﬃcult
to modify in even the most trivial of ways.
it is a deeply entrenched framework for our political and legal institutions. indeed, it is so deeply set in stone that even our
anachronistic and utterly discredited senators can sleep easy at
night, knowing the Upper House is safe from the meddling,
grimy hands of opportunistic governments, seeking to score easy
political points by orchestrating a constitutional drive-by hit.
The LSA’s constitution is not quite so deeply entrenched as all
that. in fact, if what i have seen over the last three years is any
indication, our student association’s constitution is about as
deeply rooted as the Prairie soil during a Depression-era windstorm.

Actually, i exaggerate. our LSA constitution is far less entrenched

6 • FEBrUArY 4 2014 • QN

2.
Taking care not to burn, melt the chocolate chips and
the peanut butter together in a small pot over low-ish heat. You
can do this in the microwave, too.

than all that blowing dust.

Dr. Loblaw is unsurprised. As he recently observed, “Law students never met a constitutional amendment they didn’t like.” it
almost seems a fetish, given the rate at which these amendments are proposed.

The LSA executive recently announced it would conduct a “dialogue” on yet another series of constitutional amendments,
these dealing with electoral reform.

it is diﬃcult to know precisely what the LSA has in mind here. To
date, we have seen nothing in the Quid Novi outlining (let alone
explaining) what form these amendments would take, or what
they hope to address. This seems a rather glaring communications oversight, given the Quid’s glorious reach into the hearts
and minds of the student body.

Dr. Loblaw did pass by an empty table in the Atrium one afternoon. Behind it, a blackboard announced that some mysterious
person(s) from the LSA was available for Q&A consultations on
the proposed amendments. But Bob must have missed the rush,
as tumbleweeds were blowing around the table by the time he
got to it.

i suspect the proposed electoral amendments may have some-

thing to do with the fact that our current LSA president was
elected by one vote over her nearest rival last spring, in a tight
four-way race. At the time, many called this an unacceptably
close nail-biter. i called it democracy.

Such inconvenient messiness is the beauty of the so-called ﬁrstpast-the-post electoral system. Does it need ﬁxing? Did the president’s narrow margin of victory confer on her any less political
legitimacy than she would have garnered, had the result been a
landslide? i say no. in a democracy there can only be one winner,
and it’s winner take all.

That said, this particular issue may not be on the LSA’s agenda at
all. Based on what Dr. Loblaw and i have gleaned from the heavens, it seems that the executive is more concerned about the effects of new technologies on the campaigning process – mainly
social media platforms like Facebook, Twitter and all the rest.

While new technologies are interesting, we fail to see why they
need be addressed – let alone governed – by the LSA. At times,
our association seems composed of heavy-handed technocrats,
hell-bent on chaperoning candidates through every stage of the
electoral process.

Thus our question: Do any of the electoral issues to be addressed
in the LSA’s proposed amendments really need ﬁxing? We are reminded of some clever media pundit’s recent observation about
Québec’s proposed Charter of Values: “it is a solution in need of
a problem.” it strikes us that the LSA’s desire to tinker (yet again)
with its constitution and electoral policies is very much in the
same vein.

indeed, we have never heard a groundswell of support for any
constitutional modiﬁcations, electoral or otherwise. We very
much doubt any of them were “bottom up” ideas, generated by
the unwashed student masses at the Annual General Assembly,
or elsewhere.

Again, Dr. Loblaw and i will admit to being somewhat in the dark
as to the LSA’s exact intentions here. But again, we will repeat
that the LSA, in the best tradition of the LSA, has done a poor job
of communicating its intentions to students on this matter.

No Quid articles. Nothing in the online Notice Board behind
vague generalities. A table in the Atrium, when most students
rush through this no-man’s-land of “empty space” as quickly as
possible, unless an inviting coﬀeehouse beckons. And, best of all,
an invitation from the VP-Administration to provide “input” into
the proposed amendments via email, despite the fact that nobody beyond the LSA actually seems to know what these amendments are.
it’s like being asked for an answer, without having ﬁrst been told
the question. This is less the “Socratic method” than the “speculative method.”
There was a meeting of LSA council on Monday evening, Feb.

3rd, at which the proposed amendments were to be deliberated
and voted on. Although this column went to press before that
meeting, Dr. Loblaw wishes to hazard a reckless guess, and assume the draft amendments were passed with little or no modiﬁcation.

What is the next stop for this mysterious runaway train? The
draft amendments will be presented to the student body for approval in a referendum, likely to be held simultaneously with the
LSA general election in early-to-mid March. This will likely be the
ﬁrst time 95% of students have ever heard the LSA was planning
to rejig its constitution, yet again.

Dr. Loblaw, incurable cynic that he is, suspects most of the proposed amendments are the end product of a bored LSA executive with “a solution in need of a problem.”

But for those convinced future elections may be stolen by the insidious forces of darkness if electoral reform is not undertaken
NoW, here are a few quick observations from your friendly
neighbourhood armchair critic – a guy who’s run in his fair share
of elections over the years:
1.
Elections are not unduly manipulated by social media. it
is a cheap, easy and eﬀective public access tool. Let the candidates (and the electorate) access it to their hearts’ content.
2.
Money is what manipulates and corrupts elections. The
use of money to win votes should essentially be banned, beyond
the cost (i.e. almost nothing) of producing the miniscule number
of posters (less than 10) that candidates are allowed to post
around the Faculty.
3.
Prohibiting campaigning on election day? Who cares!
Honestly. Everybody’s long since made up their minds by then.
Keep the candidates 50 meters away from the polling stations –
beyond that, hey! Anything goes.
4.
Beating, maiming, or desecrating candidates (and/or
their posters) should be strictly forbidden, even if said candidate
includes constitutional amendments in his/her platform.

And that’s about it.

For the number of times the LSA insists on ﬁddling with its socalled “constitution,” it might as well not refer to it as a constitution at all. A more accurate term would be “by-laws,” or better
still, “guidelines” (because even by-laws can be kind of pesky to
modify).

The whole idea of a constitution is that it represents a shared set
of values and procedures that are somewhat timeless in their use
and applicability – not subject to the endlessly shifting winds of
capricious LSA whim.

Give us peace, order, and (semi-) good government. oh, and a
few decent coﬀeehouses. And then leave us alone – constitutional amendments be damned.

QN • 4 FÉVriEr 2014 • 7

STUDENT
WELL-BEING
COMMITTEE

WE ♥ FEBrUArY

February is already a turning door with the hope of warmer
days. February is also, of course, synonymous with love (not only
factums and course aux stages deadlines…). And so i dare you in
the following weeks to take a look around you and to be thankful
for all the love and greatness surrounding us every day at the
faculty. Take the time to tell your friends and classmates that you
love and appreciate them. Help each other out, you will both
beneﬁt from it in the short and long run. Share the love & your
knowledge!

Tips, tips and more tips from the Student Well-Being Committee!
•
Feeling cold? Make sure to check out the Winter Coat
Project! Chaplaincy Services has this amazing project that oﬀers

free, lightly used winter clothes to students. They have hats,
gloves, scarves, boots... everything you can imagine to make
your winter more cozy and warm. Got too MUCH warm stuﬀ?
They are always looking for winter clothes donations – bring ‘em
down! if you would like to pay them a visit, they are located on
the 4th ﬂoor of the Brown Building.

•
Feed your mind! This new semester please make sure
you’re eating well! Foods that are nutritious (fruits, veggies, &
the infamous omega-3s!) improve memory and sleep. Don’t
have time to cook? Check out:
o
Your own Cooking Collective – team up with some of
your fellow law students for an evening of cooking. Each person
prepares one freezable large meal. At the end of the evening,
everyone takes home a couple of meals to stick in the freezer!
For recipe ideas see:
http://www.marthastewart.com/274277/freezer-friendlyfoods#263727
o
The People’s Potato – a free community, vegan lunch
served 12 – 12:30 Monday to Friday at 1455 de Maisonneuve
West on the 7th ﬂoor
o
Fresh Mint – a new Montreal business delivering
“wholesome world cuisine in under 30 minutes” –for under $9!

•
Feeling sad? Don’t worry you are not the only one!
Studies have shown that the number of law students with depression, anxiety, hostility and depression are 8 to 15 times that
of the general population. if you are having more sad days than
happy ones, it might be time to get help. McGill Mental Health
Clinic oﬀers psychological and psychiatric services in a secure,
non-judgmental space for students of all orientations and backgrounds. They can be reached at 514-398-6019 and they are located on the 5th ﬂoor of the Brown Building.

DArLiNG,
SoME spoken words must fall into deaf ears. Don’t you dare
cling to these words, this rumour that you can only go as far as
you are going to. That your sky is ﬁnite, your horizon limited.
That your growth and your dreams are unachievable goals.

oh please, who on earth can decide that your future is inhibited?
No one but you my dear, no one but your own self!
See this word “you”? Cherish it in all its form! Hell make it a verb
and conjugate it! it’s Your time, its Your dream, its Your path, its
Your life and You will see Yourself through it!
rise, shine and make the best of the time that is given to you.

Don’t you dare justify your falling into an abyss because something went wrong once. one time does not rule your life my love.
Please! Everyone has her own demons to ﬁght, her own fears to
overcome and her own pain to heal.
Do not give up because something once fell through the cracks
and is now lost forever.

DArLiNG
Do not give up because somebody once broke your heart. A broken heart knows love the best.

This is your life.You owe it.
Life does not owe you.
own it, make it yours.
Cherish it, because its yours.
Nurture it, it’s your reﬂexion.

An obstacle is just a wall that blocks your path. it does not mean
that your road is blocked.

Hell no my darling!

You can climb over it,
you can dig under it,
you can chip through it,
you can go around it
or you can move it!

But you should not, cannot, let it decide that your dream is unachievable!

The McGill Law Journal is recruiting. Learn more at:
lawjournal.mcgill.ca

AARON
FERGIE

Law II

rx

THE ForEST HUMANiTY

i recently read a photo journal telling the story of a group of drug
addicts: a rich Manhattan man, thinking to earn a little money
and perhaps contribute a little charity to the world, let an addict
stay in one of his rooms. The rich man was quickly hooked and
pretty soon the whole luxury apartment became a drug den for
an assortment of addicts eking out their survival. They were
evicted, and the photo journalist tracked their separate paths.

Some of the addicts fell steadily towards an early grave, their
veins blackened and blocked to the point where ﬁnding a suitable injection site became a process of self-mutilation in itself;
others managed to ﬁnd ever so brief patches of solace in the
midst of their struggles with the cycle of rehab and relapse; others still gave birth to oh so fragile but hopeful new lives.

This is humanity: a complex process of simultaneous growth and

STUDENT
WELL-BEING
COMMITTEE

Why is it that a snatch of sun in all our great fragility gives us the
moral high ground? The right to pity? The right to say that we
can (or can’t) understand?

Do you believe you stand alone?

Who reaches the light stands on centuries of growth. No matter
how deep the roots or wide the trunk, the fungi too have their
day, leaving a sunlit portal in the otherwise dense canopy, where
new undergrowth strive towards the sky. Who reaches the light
stands on centuries of decay.

So seek solace in the great ediﬁce of law—bastion of permanence in this ephemeral world. But in time i ask, “Who can say?”

SHArE YoUr SUMMAriES !

After our successful “Welcome Back Breakfast” event, the Student Well-Being Committee launches its new campaign... The
Share your Summaries Campaign!

The Student Well-Being Committee in collaboration with Michael
Shortt is encouraging law students to share their summaries
and/or class notes on PubDocs. Summaries can be shared anony-

12 • FEBrUArY 4 2014 • QN

decay.

mously and they don’t need to be p-e-r-f-e-c-t or extremely organized…Just share it! Why wait? Send your summaries now to
pubdocs.law@mail.mcgill.ca and have the chance to be the next
"Michael Shortt".

➢
NEW Database: Annotated Leading
Cases of International Criminal Tribunals

The Nahum Gelber Law Library is now subscribed to the Annotated Leading Cases of international Criminal Tribunals database. it provides
you with the full text of the most important decisions, including concurring, separate, and dissenting opinions.

Distinguished experts in the ﬁeld of international
criminal law have commented on the most important decisions of the iCTY, iCTr, The Special
Court for Sierra Leone, The international Criminal Tribunal for Timor-Leste and the iCC. Annotated Leading Cases of international Criminal
Tribunals is useful for students, scholars, legal
practitioners, judges, prosecutors, and defence
counsel who are interested in the various legal
aspects of the law of the iCTY, iCTr and other
forms of international criminal adjudication.

The Nahum Gelber Law Library has acquired a
subscription to a new database, Stradalex.
McGill users will now have access to the full-text
of 20 legal periodicals published by De Boeck
Group, a leader in academic, legal and professional publications in Belgium.
To access the database, go to: Law subject guide
/ Periodical indexes / Full-text review databases.

14 • FEBrUArY 4 2014 • QN

➢
New Exhibit in Honour of professor
Rod Macdonald

As of this week, we have a new book exhibition
in the Law Library. This display is themed to the
symposium The Unbounded Level of the Mind:
rod Macdonald's Legal imagination that will
take place at the Faculty of Law February 7-8,
2014. The exhibit features a selection of texts by
rod Macdonald, written during his career.

To mirror the symposium, the exhibit showcases
most of the texts that will be discussed over its
course and is organized around six symposium’s
themes: Kaleidoscopic Federalism, Producing
Fairness, Pluralizing the Subject, The Priority of
Distributive Justice, Contextualizing Governance,
and Pursuing Virtue.

All the texts featured at the exhibit are available
in electronic format at the symposium’s webpage: http://www.mcgill.ca/macdonald-symposium/
➢

Law Library blog & Facebook

Do not forget to check the Nahum Gelber Law
Library blog http://blogs.library.mcgill.ca/lawlibrary/
and Facebook page
http://www.facebook.com/NahumGelberLaw.Library, where you can ﬁnd more Law Library
news